Last updated: March 2023
Membership agreement - https://socsavingsclub.com/membership-agreement
Terms of Service
These Terms of Service (“Terms”) govern your use of the services provided by Social Savings Club LLC. ("Social Savings Club", “we”, “us”, “our”, “community”, “group” or “company”), including without limitation our website, mobile or web applications, and any related APIs, including without limitation, successor website(s) or application(s) thereto, as well as any other digital products or services that link to or reference these Terms (collectively, the “Services”). These Terms are a binding legal agreement between you or the entity you represent (“you” or “your”) and Company. In these Terms, a “user” is you or anyone who accesses, browses, or in any way uses the Services. You must agree to these Terms before you can use the Services. You can agree to these Terms by: (a) actually using the Services, including, without limitation, accessing our website or web app, and/or (b) clicking a box that indicates you agree to the Services, where such a box is made available to you. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used. Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make a change to the Terms, we will post the revised Terms on our website and/or web app. Without limiting the foregoing, if we make a change to the Terms that materially impacts your use of the Services, we will endeavor to notify you by email at the email address you provide to us. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used. If you do not agree with our terms, please discontinue the use of Social Savings Club and its app, services and website.
By accessing, browsing or using Social Savings Club platform/app or website www.socsavingsclub.com or by selecting I Accept during the membership registration, you represent that you have read, understand and agree to be bound by the terms and conditions of this Membership Agreement hereinafter referred to as Agreement. You represent that you are 21 years of age or older. Social Savings Club does not permit those under 21 to use the service. If you disagree with any part of the terms and conditions or service, you may not access the service.
By accessing or using the Services:
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You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are a visitor to our Services or a registered user;
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If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms;
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You represent and warrant that you are at least twenty-one (21) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent; and
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You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.
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Accessing the Services.
1. Accessing the Services.
The Services are controlled or operated (or both) from the United States and is not intended to subject Company to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Services. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind. You are responsible for ensuring your access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges) and obtaining and maintaining all equipment necessary to access the Services.
You understand that by using the Services you consent and agree to the collection and use of certain information about you and your use of the Services in accordance with our privacy policy, which is incorporated by reference into and forms a part of these Terms. If you object to your information being used in this way, please do not use the Services.
2. Account Registration and Account Security.
Some or all of the Services and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy. You are responsible for maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary.
Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat your account access, and credentials confidential and will not disclose it to anyone or third-party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information. Company will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use.
You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
3. Prohibited Uses.
You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.
You agree not to, and will not assist, encourage, or enable others to use the Services:
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For any commercial purpose, except as expressly permitted under these Terms.
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To violate any applicable national, regional, federal, state, local, or international law or regulation.
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To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:
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Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
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Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
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Violate or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy;
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or
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Be likely to deceive or confuse any person.
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To carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments.
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To participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards.
Additionally, you agree not to, and will not assist, encourage, or enable others to:
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Violate these Terms or any other rules or policies posted by us, which are hereby incorporated by reference.
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Reverse engineer any portion of the Services.
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Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Company.
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Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.
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Record, process, harvest, collect, or mine information about other users.
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Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database.
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Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
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Use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”).
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Use the Services to violate the security of any computer network, crack passwords or security encryption codes.
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Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
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Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
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Otherwise attempt to interfere with the proper working of the Services.
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Permit direct or indirect access to or use of the Services in a way that circumvents any contractual usage limit.
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Copy the Services or any part, feature, function, graphics or user interface thereof.
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Frame or mirror any part of any Services, other than framing on your own internal intranets.
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Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
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Use a buying agent or purchasing agent to make purchases on the Services.
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Engaging into any transaction on the Services for the purpose of concealing economic activity not relating to Item transactions, such as money laundering, concealing transfer proceeds related to criminal activity, or making payments to sellers for consideration other than an Item.
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Ownership. We own the Services and all of our trademarks, logos, branding, and any other Content (defined below) that we create in connection with the Services (“Company Content”), including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Company Content and the Services (collectively, “Company IP”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Company IP are retained by us.
4. MATTERS OF SUSPECTED CRIMINAL ACTIVITY, PERSONAL DATA ETC. Social Savings Club may refuse, condition, or suspend any transactions that it believes: (i) may violate this Agreement; (ii) are unauthorized, fraudulent or illegal; or (iii) expose Merchant, Social Savings Club, or other persons or businesses to risks that are unacceptable to Social Savings Club. If Social Savings Club has reasonable suspicion or knows that Merchant is using or has used the Services for unauthorized, fraudulent, or illegal purposes, Social Savings Club may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with its legal obligations. This information may include information about Merchant, Merchant’s Account, Merchant’s Customers, and Transactions made through Merchant’s use of the Services. Notwithstanding anything to the contrary, the Merchant shall be notified promptly of observations made by Social Savings Club that indicate such activity mentioned above or that any violation of the applicable user terms and conditions is being committed by the Merchant, its business partner, Users or any other related or affiliated person or company. The Merchant shall, upon such notification, take prompt and sufficient actions to eliminate every potential exposure to harm, damage or loss of goodwill for either Party.
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We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other user of the Services. You understand that when using the Services, you will be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication (“Content”) from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content.
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You understand and acknowledge that you alone are responsible for Content that you submit or transmit to, through, or in connection with the Services or that you publicly display or displayed in your account profile (collectively, “Your Content”), and you, not Company, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Company. You represent and warrant that Your Content does not violate these Terms. With respect to any of Your Content that are not marketplace Items (defined below), such as descriptions, comments, and other Content posted by you to the Services (“Ordinary Content”), you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Ordinary Content for any purpose. By “use” we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Ordinary Content. Pursuant to this grant, you agree that we may use your Ordinary Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. Please note that you also irrevocably grant the users of the Services the right to access your Ordinary Content in connection with their use of the Services. Finally, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of moral right or attribution with respect to Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these terms or our other policies, (1) to maintain your Content in confidence; (2) to pay you any compensation for your Content; (3) to display or accept your Your Content; (4) to respond to your content; or (5) to exercise any of the rights granted herein with respect to Your Content.
5. Age Restrictions. In order to use Social Savings Club app, you must have a valid (“Social Savings Club account”), subject to the following age restriction of 21 years or older. You must comply with any additional age restrictions that might apply for the use of specific Content or features on Social Savings Club.
Google and Apple Payments. In order to purchase Content through Google Play, and Apple Store, you must have a Google and Apple Payments account and agree to the Google and Apple Payments terms of service. The Privacy Notices applies whenever you purchase Content using a Google and Apple account. You are responsible for all amounts payable associated with purchases made through Google Play and Apple on your payments account.
Other Payment Processing Methods. Google and Apple may make available to you various payment processing methods in addition to Google and Apple Payments to facilitate the purchase of Content through Google Play and Apple. You must abide by any relevant terms and conditions or other legal agreement, whether with Google and Apple or a third party, that governs your use of a given payment processing method. Google or Apple may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchases you make on Google Play and Apple.
Subscriptions. Subscriptions are automatically charged each billing period (whether weekly, monthly, annually, or another period), and you may be charged no earlier than 24 hours before the beginning of each billing period. Member is responsible for all fees.
Cancellations. You may cancel a subscription at any time before the end of the applicable billing period as described in the , and the cancellation will apply to the next period. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled at the end of your then-current billing period. You will not receive a refund for the current billing period, except as otherwise provided in (for example where Content is defective). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. To learn more about cancelling your subscriptions, visit https://support.apple.com/HT202039.
Transactions.
ALL TRANSACTIONS INITIATED THROUGH OUR SERVICES ARE FACILITATED AND RUN BY SUCH THIRD-PARTY ELECTRONIC SERVICES OR WALLET EXTENSIONS, AND BY USING OUR SERVICES YOU AGREE THAT YOU ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.
Copyright Infringement and Digital Millennium Copyright Act.
We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone infringing on your rights, please provide the following information to the “Copyright Agent”:
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
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A description of the copyrighted work that you claim has been infringed upon.
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A description of where the material that you claim is infringing is located on the Services.
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Your address, telephone number, and email address.
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A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law.
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A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
All notices of copyright infringement claims should go to info@socsavingsclub.com
The club can evoke or cancel membership at any time if failed to follow rules given by the club. The club is authorized to change, modify or amend the terms & conditions, and rules any time without prior consent of the members.
The Terms of Service are as follows:
1- Creating an account
To use our services, you must create an account and provide us with all the required details, and accurate information. You are responsible for who uses your account, with or without authorization, and Social Savings Club will not be held responsible regarding your account's activity. You are solely responsible for keeping the confidentiality of your password. You must inform the Social Savings Club customer support team with or without your knowledge in case of any unauthorized access.
We cannot be held responsible for any loss or damage. We reserve the right to terminate your account for negligence, or at any given time.
2- Payments
For automatic and scheduled payments for using our services, Social Savings Club saves your necessary personal details. You will be charged periodically for using our services. Your services will be renewed automatically and/or according to your preferred payment method until and unless you decide to manually cancel before the end of your current subscription, or terminate membership. All prices and charges are subject to change, with or without prior notice. In the case of free trial subscriptions, all the relevant details would be specified during the sign up for the trial. One thing to be mindful of is that charges mentioned on our website do not include taxes. We are partnered with a full service eCheck processing platform. Instantly verifying your bank account, accepting payment and receiving fast next-day deposits directly into our bank account. Many savings accounts prohibit check payments, and could either place holds or reject payments completely. Similarly, there are many accounts that are incompatible for debits, such as Credit Card Check, Line of Credit, Home Equity or a Brokerage checks (many of these are considered Non-Demand Deposit Accounts). If a payment shows up with a red 'Failed' it means it most likely is a non-demand deposit account, or a savings account. Member is responsible for all fees associated with payments, contribution, payout, p2p transactions, to and from Social Savings Club.
Discuss Large Transactions with your bank
Not all bank branches can handle a large transaction without advance notice or written authorization. Your bank may monitor your transaction patterns, and a transaction that breaks a pattern may be flagged. Check with your bank if this may be the case and consult with them if you anticipate receiving a large transaction.
ONLY SUBMIT CONTRIBUTION/PAYMENT IF SUFFICIENT FUNDS ARE AVAILABLE.
3- License
All our services, including our software, mobile application, and other products, are owned and copyrighted by Social Savings Club. All rights are reserved. By downloading and using our services, you agree to all of our terms of use. The license may be updated whenever a new version of the software is launched. Social Savings Club provides security for its current version only. You would be allowed a limited, non-transferable, and fixed license to download and use our software.
4- Third-Parties and Affiliates
Social Savings Club cannot be held responsible for third-parties and affiliates working with Social Savings Club. Third-parties and affiliates are governed by their own Terms of Service and Privacy Policy. This includes: VPN, Background verification services, payment integration, app development services, and etc.
5- Use of Social Savings Club
You must be 21 years of age or older to use Social Savings Club. Users under the age of 21 are prohibited.
6- Point of Contact
Social Savings Club communicates with its users electronically by in-app notification and/or email. We will communicate with you regarding new products and services or any other purpose.
1) Default
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A member will be declared default if any of the following conditions are met:
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If someone is unable to complete his/her transaction in a particular round at the scheduled time, and any of his/her group, he/she is declared as a default in all his/her active clubs on the platform.
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If someone defaults in his/her group without winning the pooled amount or payout, he/she will be replaced by another verified member who will make the payment of the round of that group and will complete the contribution for the current and the subsequent cycle(s) in that group.
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If someone defaults in a group, he/she gets evoked from the Social Savings Club platform. Therefore, if someone defaults in one group, he/she is considered as a default in all his/her active group(s). Evoked members will be inactive until the default is cleared in the form of an email with an explanation. After (3) three evoked offenses the member is removed from the club.
2) Replacement of members (in case of default)
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Member default: If someone defaults in his/her group after winning the payout, he/she will be replaced with one of the Social Savings Club members/group member, who will make the payment for the current and the subsequent cycle(s) in that group. No refund of any kind will be given.
3) Terminate Membership
We may terminate or suspend your access immediately, without prior notice or liability, including without limitations if you breach the terms and service/conditions.
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Initiate the exit protocol via email within 3 days of signup by title “Social Savings Club Exit” sent to email info@socsavingsclub.com
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A member can terminate membership, or exit at any time by sending an email briefly stating the reason for exiting. Email subject requirement: Social Savings Club Exit
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If death, hardships or circumstances occur, a power of attorney, family head of estate, or death certificate can initiate the exit protocol for a member.
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Allow Social Savings Club no more than 30 days to process the request. The refund will include the initial contribution minus fees, and member will be deactivated, and deleted.
4) Stall
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A stall will be declared, once member becomes apart of the Rotation Cycle, and after 10 days of non-movement, when a full rotation cycle cannot be made. Member can elect to stay in rotation, or request a refund on/or before the 10 day period in writing. Member shall receive refund of initial contribution (minus subscription/assessment, and service fee). A 60 day wait period to enter a rotation cycle will apply, once a refund is received.
5) Money Back Guarantee Policy
Our Money-Back Guarantee
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On or before 3 days, no more than 3 days post sign-up approval, if you feel that you wish to terminate your position in the group(s), please contact us at info@socsavingsclub.com with subject line: Social Savings Club Exit, and brief reason. Member sign-up approval includes: Sign-up, Subscription, and Contribution.
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Stall applies: Contribute with confidence: If Social Savings Club incurs a stall, contact our staff for a contribution refund (minus subscription/assessment, and service fee per group, username, and signup).
6) Create-a-group
You are entering into a Joint Venture (JV) with Social Savings Club. A minimum of 52 members are required, and you will receive a portion of the admin fee for successful payouts. All Social Savings Club terms of service apply.
A joint venture (JV) is a business arrangement in which two or more parties agree to pool their resources for the purpose of accomplishing a specific task.
Payments
(a) Contribution. You agree to pay the contribution fee set forth by Social Savings Club. Except as stated in this Agreement, all membership/subscription fees, dues and other payments are nonrefundable. You shall not be relieved of your obligations to make any such payments and no deduction or refund of dues shall be made for your failure to attend or use the Club due to vacation, travel, or other personal commitments.
(b) Subscription. Except as stated in this Agreement, all subscription fees, dues and other payments are nonrefundable. You shall not be relieved of your obligations to make any such payments and no deduction or refund of dues shall be made for your failure to attend or use the Club Facilities due to vacation, travel, or other personal commitments.
(c) Adjustment to Dues Rates and Other Fees. Contribution, payout, charges and fees for services are subject to change, as deemed necessary by the Club. The Club may increase, or decrease rates by providing you with a minimum of thirty (30) days written notice. The member is responsible for any fee occurrence involving contribution, recontribution, payout, and assessment to and from Social Savings Club.
(d) Service Charges and Late Fees. If any payment to the Club, including by check, charge or bank draft, is not honored, or if your account is past due, the Club shall have the right to the following remedies, in addition to any other legal or equitable rights: (1) place member in an inactive status, removing member from group, and assess a service charge of $30.00 for each dishonored transaction and require reimbursement for cost collection; (2) assess a late fee of $20.00 for all past due accounts; (3) collect the current and past due balance in any subsequent months; and/or (4) suspend or terminate this Agreement. The Club reserves the right to change these service fees and late fees at any time. All payment disputes must be submitted in writing to the Club within 120 days of the disputed charge, to the extent permitted by law.
(e) Offline Payment. Except as stated in this Agreement, all subscription fees, dues and other payments are nonrefundable. You shall not be relieved of your obligations to make any such payments/contribution and no deduction or refund of dues shall be made for your failure to attend or use the Club due to vacation, travel, or other personal commitments. Offline payment or contribution can be made to our bank accounts, zelle, or venmo, and the member sending the funds will be responsible for fees associated with the transaction. Contact us for option and information.
(f) Online Payment. Except as stated in this Agreement, all subscription fees, dues and other payments are nonrefundable. You shall not be relieved of your obligations to make any such payments and no deduction or refund of dues shall be made for your failure to attend or use the Club due to vacation, travel, or other personal commitments. Online payment or contribution, and recontribution will be made through the payment integrator.
(g) Payout. A common fund to which members contribute a set amount on a regular basis, while one member withdraws the funds, when four positions are filled, at the end of a rotation cycle. No refund(s) will be given once one payout is met.
(h) Charge backs. The payment integrator, and 3rd party payment options offer different tools to mitigate and reduce chargebacks including signature capture, funds confirmation, and bank authentication. If a member initiates a chargeback membership can not be obtained in the future.
(i) Dangerous Activities. None of the Services or Content are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Content could lead to death, personal injury, or severe physical or environmental damage.
Terms of Use (EULA)
This copy of Social Savings Club ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Social Savings Club LLC or its subsidiaries, affiliates, and suppliers (collectively "Social Savings Club") own intellectual property rights in the Software Product. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
License Grant
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Social Savings Club, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SOCIAL SAVINGS CLUB, SOCIAL SAVINGS CLUB MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
Social Savings Club makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Social Savings Club makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. SOCIAL SAVINGS CLUB WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL SOCIAL SAVINGS CLUB, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF SOCIAL SAVINGS CLUB OR ANY OTHER PARTY, EVEN IF SOCIAL SAVINGS CLUB IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS SOCIAL SAVINGS CLUB'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Social Savings Club. Social Savings Club reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Social Savings Club is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Social Savings Club to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Social Savings Club harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Texas, without regard to Texas's conflict or choice of law provisions.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
1. Acknowledgement: You and the End-User must acknowledge that the EULA is concluded between You and the End-User only, and not with Apple, and You, not Apple, are solely responsible for the Licensed Application and the content thereof. The EULA may not provide for usage rules for Licensed Applications that are in conflict with, the Apple Media Services Terms and Conditions as of the Effective Date (which You acknowledge You have had the opportunity to review).
2. Scope of License: The license granted to the End-User for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
3. Maintenance and Support: You must be solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. You and the End-User must acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4. Warranty: You must be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The EULA must provide that, in the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
5. Product Claims: You and the End-User must acknowledge that You, not Apple, are responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the end- user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit frameworks. The EULA may not limit Your liability to the End-User beyond what is permitted by applicable law.
6. Intellectual Property Rights: You and the End-User must acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, You, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: The End-User must represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer Name and Address: You must state in the EULA Your name and address, and the contact information (telephone number; E-mail address) to which any End-User questions, complaints or claims with respect to the Licensed Application should be directed.
9. Third Party Terms of Agreement: You must state in the EULA that the End-User must comply with applicable third party terms of agreement when using Your Application, e.g., if You have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using Your Application.
10. Third Party Beneficiary: You and the End-User must acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.